Trade secret litigation after the Defend Trade Secrets Act
Connecticut Collections: How to get paid if you are owed money? Part 2: Prejudgment Remedy ("PJR")
As a trademark applicant, encountering a prior registration that obstructs your path to registration is never a pleasant experience (nor for your attorneys who have to inform you about it). The frustration only intensifies...more
In recent years, a substantial number of “Schedule A” trademark infringement cases have been filed in the Northern District of Illinois. In such a case, the trademark owner may file a trademark infringement complaint against...more
The one and only TTABlogger, to whom we are very much indebted, recently reviewed and analyzed the decisions concerning Section 2(d) and Section 2(e)(1) refusals that the Trademark Trial and Appeal Board issued in 2023. ...more
Yes, you read that correctly. Trademark practice at the U.S. Patent and Trademark Office as we know it is about to change (well, at least in part). The USPTO recently published its final rule implementing certain...more
Rebuttable Presumption of Irreparable Harm - The Trademark Modernization Act (TMA) was signed into law December 27, 2020. Importantly, the burden shifting provision for trademark owners in litigation seeking preliminary or...more
The Trademark Modernization Act of 2020 (“TMA”) went into effect on December 18, 2021. Applicants and registrants now have new tools at their disposal to clear the federal register of unused trademarks and the USPTO can move...more
On December 18, two new procedures will be available for challenging U.S. trademark registrations. On that date, new regulations from the U.S. Patent and Trademark Office (USPTO) will take effect, as part of the USPTO’s...more
The USPTO recently issued its final rules to implement the Trademark Modernization Act, whose goal is to clear away unused registered marks and make the trademark registration process more efficient. Below, we highlight...more
The US Patent and Trademark Office (PTO) recently published its final rules implementing provisions of the Trademark Modernization Act of 2020 (TMA). Most changes are effective as of December 18, 2021, but certain changes...more
The new ex parte expungement and reexamination proceedings, introduced by the Trademark Modernization Act, are intended to be efficient ways of removing improper trademark registrations from the register. But will...more
The Nuts and Bolts of Expungement and Reexamination - You may remember our blog post here, discussing the Trademark Modernization Act of 2020, which became law at the end of last year. To implement the Trademark...more
Trademark Modernization Act of 2020 Signed Into Law- On December 27, 2020, Congress signed the Trademark Modernization Act of 2020 (the “Act”), which had rare bipartisan support, into law. The Act makes substantive...more
On December 27, 2020, Congress signed the Consolidated Appropriations Act, 2021, into law. The omnibus act includes new legislation affecting patent, copyright and trademark law. A brief summary of key provisions is provided...more
Embedded within the 5,600-page Consolidated Appropriations Act, 2021 – more commonly known as the $2.3 trillion Coronavirus Relief Stimulus Bill enacted on December 27, 2020 – are significant changes to federal trademark and...more
On December 27, 2020, President Trump signed into law the Consolidated Appropriations Act, 2021 (CAA), which includes the Trademark Modernization Act of 2020 (TMA) amending various sections of the Lanham Act, and the...more
On December 27, 2020, President Trump signed the “Consolidated Appropriations Act, 2021” into law. Most referred to this as the Coronavirus Relief Bill and thought that it only contained a stimulus package. However, within...more
Is a MASTER RANCHER also the RANCHMASTER? That is the question pondered by the TTAB in this ex parte appeal. The hardware store, True Value Company, despite owning numerous registrations for “MASTER-” formative marks, was...more
A bipartisan, bicameral group of legislators in the U.S. Congress recently published a draft Trademark Modernization Act to reform the trademark application process and the remedies for trademark infringement. The draft TM...more
3M, the well-known manufacturer of n95 masks, has filed a number of lawsuits throughout the country asserting trademark claims against defendants who are offering to sell to the government and others “3M” masks at extremely...more
Recently, the Court of Appeals for the Federal Circuit vacated and remanded to the Trademark Trial and Appeal Board a decision on an ex parte appeal regarding a likelihood of confusion between the applicant’s mark GUILD...more
The web is a rich, varied, yet essentially untapped data source. Are you making full use of it in your eDiscovery? People today live their lives in full view on the web, from social media and messaging apps to chatrooms...more
Federal Circuit Summary - Before O’Malley, Reyna, and Hughes. Appeal from the Trademark Trial and Appeal Board. Summary: Courts should not give too much weight to evidence purporting to show a lack of actual confusion...more
There are many businesses focused on helping inventors develop and monetize their ideas. There are companies that, for instance, help people seek patents on their inventions, license their inventions, turn their ideas into...more
The United States Patent and Trademark Office, Trademark Trial and Appeal Board (the “Board”) modified its treatment of the “family of trademarks” doctrine in the recent case In re LC Trademarks, Inc., Serial No. 85890412...more
The Trademark Trial and Appeal Board ?TTAB? will implement new rules on January 14, 2017, that will apply to all inter partes proceedings (oppositions, cancellations, concurrent use) and ex parte appeals that are pending on,...more